Section 55-2A-514 - Waiver of lessee's objections. - New Mexico Statutes

55-2A-514. Waiver of lessee's objections.

(1)     In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default: 

(a)     if, stated seasonably, the lessor or the supplier could have cured it (Section 55-2A-513 NMSA 1978); or 

(b)     between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely. 

(2)     A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.